F1070036780_ITN19016Final.pdf

INVITATION TO NEGOTIATE (ITN)

FOR

STATEWIDE CANTEEN OPERATIONS, VISITING PARK VENDING, AND

ANCILLARY SERVICES

FDC ITN-19-016

RELEASED ON

September 6, 2019

By the:

Florida Department of Corrections

Office of Financial Management

Bureau of Procurement

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Lacy Perkins purchasing@fdc.myflorida.com mailto:purchasing@fdc.myflorida.com

TABLE OF CONTENTS

TIMELINE

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background

2.2 Statement of Purpose

2.3 Procurement Overview

2.4 Resources

2.5 Goals of the Department and this ITN

2.6 Transition and Service Implementation

2.7 Term of Contract

2.8 Pricing Methodology

2.9 Value-Added Services

SECTION 3 – SCOPE OF WORK

3.1 General Description of Services

3.2 Rules, Regulations and Governance

3.3 Service Locations and Service Times

3.4 Service Areas

3.5 Performance Measures and Financial Consequences

3.6 General Reporting Requirements

3.7 Scope Change after Contract Execution

3.8 Future Transitions and Contract Termination Tasks

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Vendors

4.2 Procurement Officer

4.3 Questions

4.4 Special Accommodations

4.5 Alternate Provisions and Conditions

4.6 Reply Bond

4.7 Pass/Fail Mandatory Responsiveness Requirements

4.8 Submission of Replies

4.9 Contents of Reply Submittals

4.10 Reply Evaluation Criteria

4.11 Reply Evaluation and Negotiation Process

4.12 Reply Opening

4.13 Costs of Preparing Reply

4.14 Disposal of Replies

4.15 Right to Withdraw Invitation to Negotiate

4.16 Right to Reject Reply Submissions and Waiver of Minor Irregularities

4.17 Mandatory Site Visits and Pre-Reply Conferences

4.18 Addenda

4.19 Cost/Price Discussions

4.20 No Prior Involvement and Conflicts of Interest

4.21 State Licensing Requirements

4.22 MyFloridaMarketPlace (MFMP) Vendor Registration

4.23 Unauthorized Employment of Alien Workers

4.24 Confidential, Proprietary, or Trade Secret Material

4.25 Vendor Substitute W-9

4.26 Scrutinized Companies Certification

4.27 Disclosure of Reply Submittal Contents

4.28 Advertising Notice of an Agency Decision

SECTION 5 – CONTRACT TERMS AND CONDITIONS

5.1 General Contract Conditions

5.2 Travel Expenses

5.3 E-Verify

5.4 State Initiatives

5.5 Subcontracts

5.6 Insurance

5.7 Copyrights, Right to Data, Patents and Royalties

5.8 Independent Contractor Status

5.9 Assignment

5.10 Force Majeure

5.11 Severability

5.12 Use of Funds for Lobbying Prohibited

5.13 Reservation of Rights

5.14 Taxes

5.15 Safety Standards

5.16 Americans with Disabilities Act

5.17 Employment of Department Personnel

5.18 Legal Requirements

5.19 Conflict of Law and Controlling Provisions

5.20 Prison Rape Elimination Act (PREA)

5.21 Contract Modifications

5.22 Rights to Examine, Audit and Administer Resources

5.23 Financial Consequences

5.24 Default

5.25 Termination

5.26 Retention of Records

5.27 Indemnification

5.28 Inspector General

5.29 Performance Guarantee/Bond

5.30 Disputes

5.31 Cooperation with the Florida Senate and Florida House of Representatives

ATTACHMENT I – SERVICE LOCATIONS

ATTACHMENT II – NON-DISCLOSURE AGREEMENT FOR RESTRICTED INFORMATION

ATTACHMENT III – PRICE INFORMATION SHEET

ATTACHMENT IV– SECURITY REQUIREMENTS FOR CONTRACTORS

ATTACHMENT V – PRE-APPROVED NETWORK HARDWARE

ATTACHMENT VI – REPLY BOND FORM

ATTACHMENT VII – PASS/FAIL REQUIREMENT CERTIFICATION AND NON-COLLUSION

CERTIFICATION

ATTACHMENT VIII – VENDOR’S CONTACT INFORMATION

ATTACHMENT IX – CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM

ATTACHMENT X - NOTICE OF CONFLICT OF INTEREST

ATTACHMENT XI – VENDOR’S REFERENCE FORM

ATTACHMENT XII – SUBCONTRACTING FORM

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Page 5 of 96 FDC ITN-19-016

TIMELINE

EVENT DUE DATE LOCATION

Release of ITN

September 6, 2019

Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Mandatory

Pre-Reply Conference and Site Visits

September 2019

See Section 4.17 for information regarding the mandatory site visits.

Questions Due

September 30, 2019 prior to 5:00 p.m., Eastern Time

Submit to: Florida Department of Corrections

Bureau of Procurement, Lacy Perkins

Email: purchasing@fdc.myflorida.com

(reference solicitation number in subject line)

Anticipated Posting of Answers to

Submitted Questions

November 6, 2019 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Replies Due and Opened

December 4, 2019 at 2:00 p.m., Eastern Time

Florida Department of Corrections Bureau of Procurement, Lacy Perkins 501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team

Meeting

December 11, 2019 at 2:00 p.m., Eastern Time

Florida Department of Corrections Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399

Anticipated

Negotiations

January-March, Florida Department of Corrections Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399

Anticipated Posting of

Intent to Award

June 2020 Vendor Bid System (VBS):

mailto:purchasing@mail.dc.state.fl.us

Page 6 of 96 FDC ITN-19-016

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Negotiate (ITN), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Administrative Confinement: The temporary removal of an Inmate from the general Inmate population to provide for security and safety until more permanent Inmate management processes can be concluded.

1.2 American Correctional Association (ACA): An international accreditation entity that establishes national standards for, and conducts audits of, correctional programs, in order to assess their administration and management, the facilities, operations and services, Inmate programs, staff training, medical services, sanitation, use of segregation and detention, incidents of violence, crowding, offender activity levels, and provision of basic services which may impact the life, safety, and health of Inmates and staff.

1.3 Americans with Disabilities Act (ADA): Legislation which prohibits discrimination based on disability, found in Title II and III of the Code of Federal Regulations (C.F.R.), and guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services.

1.4 Ancillary Services: Additional services to be provided by the Vendor to include, but not be limited to: Inmate visiting park photos and Package Program orders.

1.5 Authorized Property Items: Items approved to be retained by Inmates during their incarceration.

Authorized property items may either be issued by the Department or made available for purchase from a Department-approved Vendor.

1.6 Average Daily Population: The population calculated by adding all the Department’s daily prison populations in a month and then dividing that monthly total by the number of calendar days in that month.

1.7 Business Hours: 8:00 a.m. - 5:00 p.m., Eastern Time (E.T.), excluding weekends and State holidays.

1.8 Canteen: A site within a Correctional Institution or satellite facility at which pre-packaged food and other approved items are available for purchase. There are both a) Inmate Canteens that sell items on a cashless basis to Inmates only, and b) Visiting Park Canteens which sell items to both Inmates and their visitors. Where used herein, the term “Canteen” refers to both types of Canteens, unless one type is specified.

1.9 Canteen Review Team: The Department’s staff assigned to review Canteen operations and make determinations regarding any revisions to those operations. This includes reviewing the acceptability of proposed products and their packaging, requests for price increases/decreases, and requests for additions/deletions of items to Canteen menus.

1.10 Cashless System: An integrated, computerized system that allows Customers to purchase merchandise from the Canteens, Visiting Park Vending machines, and Ancillary Services, utilizing an electronic form of payment in lieu of cash.

1.11 Close Management (CM): The confinement of an Inmate apart from the general population for reasons of security or the order and effective management of the Institution, where the Inmate, Page 7 of 96 FDC ITN-19-016 through her/his behavior has demonstrated an inability to live in the general population without abusing the rights and privileges of others.

1.12 Contract: The formal written agreement resulting from this ITN between the Successful Vendor and the Department.

1.13 Contract Compliance Monitoring: An in-depth, comprehensive evaluation conducted annually by the Department’s Contract Manager, or designee, to document the Contractor’s compliance with the terms of the Contract, and to evaluate overall Contractor performance. The frequency of monitoring is at the discretion of the Department’s Contract Manager, or designee, with programs functioning at a satisfactory level being monitored less frequently.

1.14 Contract Manager: The designated Department employee who serves as the primary point of contact between the Contractor and the Department.

1.15 Contractor: The Successful Vendor who, upon finalization of the ITN process, enters into a two-party Contract with the Department.

1.16 Contractor Staff: Employees of the Contractor responsible for management and supervision of the Canteen operations at the Institution.

1.17 Cost Reply: The portion of the Reply submitted which must include the Attachment III, Price

Information Sheet.

1.18 Correctional Institutions (Institutions): All of the Department’s correctional institutions, annexes, road prisons, work/forestry camps, treatment centers, community release centers, reentry centers, and other satellite facilities.

1.19 Corrective Action Plan (CAP): A Contractor’s comprehensive written response to any deficiencies discovered during Contract Compliance Monitoring, and plan for remediation of those deficiencies.

1.20 Criminal Justice Information (CJI): All of the FBI Criminal Justice Information Services (CJIS) data necessary for law enforcement and associated civil agencies to perform their designated missions. This data includes, but is not limited to biometrics, identity history, demographics, property, and case/incident history data, as defined by the CJIS Policy published by the U.S.

Department of Justice.

1.21 Customer(s): A person(s) authorized to purchase products from a Department-approved source.

This includes Inmates, an Inmate’s family members and friends, or other visitors.

1.22 Crisis Stabilization Units (CSUs): Units that provide an intensive level of care to Inmates for close observation, management, and treatment interventions, while seeking rapid stabilization of acute mental health symptoms and conditions.

1.23 Death Row: A class of custody, also known as Maximum Custody (different from Maximum

Management), wherein the Inmate is incarcerated under a sentence of death.

1.24 Department (FDC): The State of Florida, Department of Corrections.

1.25 Disciplinary Confinement: A punitive housing status in which Inmates found guilty of committing violations of the Department’s rules are confined, for specified periods of time, to individual cells based upon authorized penalties for prohibited conduct.

Page 8 of 96 FDC ITN-19-016

1.26 Fair Market Value: An estimate of the price of a product, based on what a knowledgeable, willing, and unpressured buyer would pay to a knowledgeable, willing, and unpressured seller in the market.

1.27 Gain Time: A deduction from an Inmate’s sentence used to incentivize satisfactory Inmate behavior such as participation in productive activities, and performance of outstanding deeds or services.

1.28 Gain Time Rating: An overall, monthly rating assigned to each Inmate for consideration of gain time award. The rating is derived from the receipt of gain time evaluations, based upon the Inmate’s evaluations from security, work, and other program components, as assigned.

1.29 General Population: The population of Inmates who are not in a special housing status, inpatient mental health programs, or medical unit(s).

1.30 HIPAA: The administrative simplification provisions of the Health Insurance Portability and

Accountability Act of 1996 (HIPAA, Title II) that address the security and privacy of health data.

1.31 Infirmary Mental Health Care Unit: The first, and least restrictive level of inpatient mental health care, consisting of a brief admission to the Institution’s infirmary for patients residing in the General Population.

1.32 Inmate: A person residing in a Correctional Institution, admitted, or committed to the care and custody of the Department. This term encompasses all persons residing in any current or new facility, including but not limited to, Correctional Institutions, annexes, and other satellite facilities.

1.33 Inmate Canteen Hours: Generally, 8:00 a.m. to 11:00 a.m. and 1:30 p.m. to 3:00 p.m., E.T.

1.34 Inmate Canteen Operator: An Inmate, approved by the Department’s institutional classification team, who is trained by the Contractor’s staff to receive, stock, and/or sell Department-approved Canteen items.

1.35 Inmate Payroll Report: A report provided by the Contractor which identifies the Inmates who worked in the Canteen for the previous reporting period.

1.36 Mandatory Responsiveness Requirement(s): Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this ITN. Failure to meet these responsiveness requirements will result in rejection of a Reply.

1.37 Master Products List: The entire list of approved goods and merchandise sold through Canteen, Vending, and Ancillary Services.

1.38 Material Deviation(s): A deviation that the Department, at its sole discretion, has found to be out of substantial accord with the scope of this ITN, provides a substantial competitive advantage to other Vendors, has a potentially significant effect on the quantity or quality of services sought, or on the cost to the Department.

1.39 Menu: A subset of items from the Master Products List.

1.40 Minor Irregularity: A variation from the ITN terms and conditions which does not significantly affect the price of the Reply, or the quality of services sought, and does not give the Vendor a substantial competitive advantage or benefit not enjoyed by other Vendors; does not adversely

Page 9 of 96 FDC ITN-19-016 impact the interests of the Department.

1.41 Package Program: An opportunity for Inmates to periodically receive items on the approved

Package Program Menu.

1.42 Physical Inventories: The total accounting of all products available for sale and located within the Canteen or vending machines.

1.43 Prison Rape Elimination Act (PREA): 28 C.F.R. 115, National Standards to Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.” The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local Institutions, and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.44 Reply(ies): A Vendor’s written response submitted as an answer to this ITN.

1.45 Responsible Vendor(s): A Vendor who has the capability in all respects to fully perform the ITN requirements, and the integrity and reliability that will assure good faith performance.

1.46 Responsive Reply(ies): A Reply, submitted by a Responsible Vendor that conforms in all material respects to this solicitation.

1.47 Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any contractual obligation for the Vendor, specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the Contract.

1.48 Successful Vendor: A legally qualified corporation, partnership, or other business entity that will be performing as the prime Contractor under the Contract.

1.49 Technical Reply: The portion of the Reply submitted which includes all documentation submitted by the Vendor, but must not include the Attachment III, Price Information Sheet.

1.50 Transitional Care Units (TCUs): Refers to the inpatient level of care that is indicated for Inmates who require more intensive mental health care than can be provided as outpatient or in Infirmary Mental Health Care Units, but whose condition is not so acute as to require care at a CSU or Corrections Mental Health Treatment Facility (CMHTF).

1.51 Value-Added Services: Additional services and/or commodities the Vendor may offer the Department, at no additional cost, in addition to the services and/or commodities expressly sought by this ITN, which may be unknown to the Department at this time yet meet its overall goals.

1.52 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Reply to the Department’s ITN.

1.53 Visiting Hours: Days and hours, established by the Department, for authorized visitation from members of the public at a particular Institution.

1.54 Visiting Park (VP): A specific area of an Institution designated for visitation between Inmates and their authorized visitors.

1.55 Visiting Park (VP) Vending: Vending services available to individuals in the Visiting Park.

1.56 Warden: The individual responsible for the management and oversight of the daily operations of an Institution.

Page 10 of 96 FDC ITN-19-016

SECTION 2 – INTRODUCTION

2.1 Background

Pursuant to Chapter 945, Florida Statutes (F.S.), the Florida Department of Corrections (Department) is responsible for the supervision and protective care, custody, and control of all Inmates. The Department is the third (3rd) largest state prison system in the Country, with an operating budget of over $2.7 billion, approximately 97,000 Inmates, and nearly 140,000 offenders on active community supervision. The Department has over 149 facilities statewide, including: 50 major Institutions, 17 institutional annexes, seven (7) private prisons [operated by the Florida Department of Management Services (DMS)], 35 work camps, two (2) road prisons, one (1) forestry camp, one (1) Basic Training Unit, 16 contracted community release centers, 12 Department-operated community release centers, and three (3) reentry centers.

The Department has divided the State into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida) and Region IV (South Florida). The corresponding Institutions for each region are included as Attachment I, Service Locations. Each major Institution is supervised by a Warden, who has full responsibility for the daily operations of the Institution and its associated satellite facilities. Each Warden reports to a Regional Director of Institutions within their assigned region.

Currently, the Department contracts for Canteen services, vending services, and some Ancillary Services separately. Links to the current or former contracts are available under Section 2.4, Resources, and should be used as a reference only. As changes in institutional operations have occurred since these services were last procured, and the Inmate population has changed, the Department has reflected changes in its anticipated requirements for the Contract.

2.2 Statement of Purpose

The Department is seeking Responsive Replies from qualified and Responsible Vendors for the provision of statewide Canteen operations, VP Vending, and Ancillary Services, at all Department Institutions listed in Attachment I, Service Locations. The Department intends to award one (1) Contract, for all services contemplated in this ITN, to the Responsible Vendor that offers the best value to the Department. The Department reserves the right to reject any and all Replies to this ITN.

2.3 Procurement Overview

The Department is requesting competitive, Responsive Replies, from Responsible Vendors, to provide services described herein. The minimum requirements outlined in this ITN are based on the current program, but the Department is inviting innovative solutions from interested Vendors.

The Vendor shall provide all products for sale in all Canteens, VP Vending, as well as Ancillary Services. The Successful Vendor’s solution shall be all inclusive of any supportive services required to ensure the successful operations of related services.

Additional information regarding how services are provided today, and anticipated requirements for a new Contract may be found in Section 3 - SCOPE OF WORK.

2.4 Resources

The Department is providing the following resources that may be helpful to Vendors in developing and proposing appropriate solutions, implementation strategies, transition plans, and pricing that best meets the needs of the Department. To gain a comprehensive understanding of the current services, Vendors are strongly encouraged to review the information found at the following links.

Page 11 of 96 FDC ITN-19-016

Current Canteen Services Contract:

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId

=C2826

Previous Package Program Services Contracts:

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId =C2828 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId =C2829

Current VP Vending (all of Regions I and II & portions of Region III):

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId =8388A

Current VP Vending (portions of Region III & all of Region IV):

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId =8388B

Sales reports for the current or former Contracts, as well as procedures referenced in this ITN (except those identified as “Restricted”):

http://uat.fdc-wtws001.fdc.myflorida.com/business/itn-19-016.html

Related Department policies that are considered “Confidential” or “Restricted” are unavailable for public release and must be requested by a Vendor via the completion of Attachment II, Non-

Disclosure Agreement for Restricted Information. The Vendor shall email this completed form to the Procurement Officer listed in Section 4.2, who will then coordinate the release of any

“Confidential” or “Restricted” policies requested.

2.5 Goals of the Department and this ITN

The Department has specific goals relating to what it hopes to accomplish in a new Contract.

These include, but are not limited to the following:

Establish a single Contract to provide the services sought, and ensure efficient service delivery that minimizes the resources required by the Department;

Ensure a smooth transition/continuation of services from the current Contractor to any new Contractor, minimizing disruption in services provided;

Ensure Customer pricing remains within Fair Market Value throughout the entire term of the Contract;

Establish a collaborative partnership with the Successful Vendor that will maximize their service delivery, the ability for the Department to meet its goals, and positively impact the lives of inmates;

Provide innovative solutions to improve the efficiency of related service delivery, enhance security, and minimize contraband in the Department’s Institutions; and

Expand the use of modern technology to enhance the Customer experience, and allow for efficient reporting of property and sales;

2.6 Transition and Service Implementation

It is the Department’s intent to have a Contract executed soon after the award of this ITN. The Vendor must have the capability to begin providing services no later than September 1, 2020.

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2826 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2826 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2828 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2828 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2829 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2829 https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=8388A https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=8388A https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=8388B https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=8388B http://uat.fdc-wtws001.fdc.myflorida.com/business/itn-19-016.html

Page 12 of 96 FDC ITN-19-016

2.7 Term of Contract

It is anticipated that the initial term of the Contract shall be a five (5) year period. At its sole discretion, the Department may renew the Contract for up to five (5) additional years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Any renewal shall be contingent, at minimum, on satisfactory performance of Contract obligations by the Vendor, as determined by the Department, and subject to the availability of funds. If the Department desires to renew the Contract, it will provide written notice to the Vendor no later than 60 calendar days prior to the Contract expiration.

2.8 Pricing Methodology

The Department is seeking a solution that will provide best value to the State. As part of the best value determination, interested Vendors must submit a Cost Reply, utilizing Attachment III, Price Information Sheet, along with their Technical Reply. Vendors are encouraged to submit a Cost Reply in such a manner as to offer the most competitive and innovative solution for services and resources, which maximize revenue generated and shared with the Department, as this will be a consideration in determining best value. Vendors must provide the Cost Reply in accordance with the instructions in Section 4.8, Submission of Replies.

The Vendor shall provide a commission rate based upon estimated monthly sales for statewide Canteen operations, VP Vending, and Ancillary Services. To ensure the Department obtains services at the best value, the Department reserves the right, during the negotiation phase of the ITN process, to consider alternate pricing models.

Pursuant to Section 945.215, F.S., the Department must deposit the net proceeds generated from the Contract into the State’s General Revenue fund. The Department does, however, incur certain operating costs in support of this Contract, which shall be recouped by the Department.

These costs include, but are not limited to, security assistance, contract administration and monitoring positions, information technology oversight, warehouse space, and other operational costs. These costs shall not be reimbursed separately by the Vendor, but shall be recouped by the Department from the guaranteed monthly commission payment. The Department will indicate the amount of operating costs on the monthly invoice to the Vendor, which shall be paid separate from the guaranteed monthly commission payment. The Department has estimated current operating costs in the amount of $0.7590 per Inmate, per month, which would be owed to the Department for a reimbursement of its operating costs. This amount may be increased or decreased at the Department’s discretion based on actual costs incurred.

2.9 Value-Added Services

Any Value-Added Services offered by the Vendor, if accepted by the Department, will become a requirement(s) of the Contract. The Vendor’s Reply should include a detailed description of any Value-Added Services the Vendor is offering the Department. Value-Added Services are to be provided at no cost to the Department and would be in addition to those services sought specifically in this ITN. The Department is interested in any proposed Value-Added Services which would assist it in accomplishing the goals of this ITN, however, all Value-Added Services which benefit the Department will be considered. The Department is especially interested in an inmate property management system, which could be automatically updated with purchases from the Vendor.

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SECTION 3 – SCOPE OF WORK

All services to be performed by the Vendor under the Contract should meet or exceed the anticipated minimum requirements outlined in this ITN. Services shall be performed in strict compliance with the finalized requirements and rules, regulations and governance contained in this ITN, including changes or modifications finalized during the negotiation phase of this ITN.

3.1 General Description of Services

The Vendor shall provide statewide Canteen operations, VP Vending, and Ancillary Services at the Department’s Institutions and related facilities. The Successful Vendor shall provide products for sale as approved by the Department, along with all related support services to achieve the service level outlined herein and accomplish the goals of this ITN. The Successful Vendor shall act in good faith during all negotiations, and in the performance of all Contract provisions.

The Department is ultimately responsible for ensuring the accessibility of items in each of its Canteens and vending machines. Pricing must be comparable to similar items for retail sale at Fair Market Prices, as specified in Section 945.215(1)(e), F.S. The Department will provide final approval of all items, and all individual sales prices, proposed by the Successful Vendor.

The Successful Vendor shall meet all requirements, deliverables, and performance measures relating to the service areas identified. These service areas are described in additional detail below and include the following:

Program Management Services

Canteen Operations

VP Vending Services

Ancillary Services

Information Technology Services

These service areas are discussed in greater detail in Section 3.4.

3.2 Rules, Regulations and Governance

3.2.1 The Successful Vendor shall provide all services in accordance with all applicable local, State, and federal laws, rules and regulations, and the Department rules and procedures applicable to the packaging, distribution, sale, and delivery of items in the Department’s

Canteens, VP Vending, and Ancillary Services areas. All such laws, rules, regulations, and procedures, current and/or revised, are incorporated herein by reference and are made a part of this ITN and the Contract, as applicable. The Vendor and the Department shall work cooperatively to ensure service delivery is completed in compliance with all such rules and regulations.

3.2.2 The Vendor shall ensure that all its staff providing services under the Contract comply with prevailing ethical and professional standards, and the laws, rules, procedures and regulations noted herein.

3.2.3 Should any relevant standards, laws, rules or regulations or Department procedures change during the course of the Contract, the updated version will take precedence.

3.2.4 The Vendor shall pay for all costs associated with local, State, and federal licenses, permits, and inspection fees required to provide services under the Contract. All required

Page 14 of 96 FDC ITN-19-016 permits and licenses shall be current, maintained on site, and a copy submitted to the

Department’s Contract Manager, or designee, upon request.

3.2.5 The Vendor agrees to modify or expand its service delivery to comply with changes required by operation of law or due to changes in standards, Department mission, regulations, or as a result of legal settlement or consent order. Any changes, except for changes pursuant to Section 3.3.2 require continued compliance with State or federal law, statutes or regulations, legal settlement agreement or consent order, or Department policy, will be made in accordance with Section 5.22, Contract Modifications.

3.3 Service Locations and Service Times

3.3.1 Institution/Facility Locations

The facilities included under the Contract are indicated in Attachment I, Service

Locations.

3.3.2 Addition/Deletion of Locations and Products/Property

The Department reserves the right to add or delete locations included in Attachment I, Service Locations and products/property from the Master Products List, upon 30 calendar days’ written notice by the Department’s Contract Manager, or designee. Such additions or deletions may be accomplished by letter or email and do not require a formal Contract amendment.

3.3.3 Service Times

The hours of service operations are established by the Department. Hours of services operation are subject to change. In the event of an emergency, the hours of operation will be subject to change without prior notice. For changes in the hours of operation related to non-emergencies, the Department will provide 48 hours’ written notice to the Vendor.

3.3.3.1 Institutional Inmate Canteen Hours

Generally, the hours of operation for each Inmate Canteen are 8:00 a.m. to 11:00 a.m., E.T., and 1:30 p.m. to 3:00 p.m., E.T. Inmate Canteens are also open on State-recognized holidays. Additionally, the hours of operation may vary, and the Warden may modify hours at their Institution as required. Summer and winter hours may vary, as well, and will be at the discretion of the Warden.

3.3.3.2 Visiting Park Canteen Hours

VP Canteen hours are determined by the Department and are generally 9:00 a.m. to 3:00 p.m., E.T., Saturdays, Sundays, and State-recognized holidays.

3.3.3.3 Warehouse Hours

Warehouse receiving hours are typically Monday - Friday; 8:00 a.m. to 4:00 p.m., E.T., excluding State-recognized holidays.

Page 15 of 96 FDC ITN-19-016

3.3.3.4 VP Vending Hours

The Vendor shall provide operational VP Vending machines 24 hours/day, seven (7) days/week, including all holidays.

3.4 Service Areas

3.4.1 Program Management Services

3.4.1.1 Description

The Successful Vendor shall be responsible for statewide Canteen operations, VP Vending, and Ancillary Services at all the Department’s Correctional Institutions and related facilities. Program Management Services are those services which apply broadly to all aspects of the Contract, and include, but are not limited to: staffing, reporting and other administrative functions.

The Department will look to the Vendor’s leadership to ensure smooth and successful delivery of services as part of Program Management Services provided.

3.4.1.2 How Service is Provided Today

Canteen products and services, and the Inmate photos are currently provided by Trinity Services Group, Inc. VP Vending products and services are currently provided by Compass Group USA, Inc. (Region IV) and Keefe Commissary Network, L.L.C. (Region I, II and III). Package Program services, which allowed only the friends and family of the Inmates to place orders, were most recently provided by Keefe Commissary Network, L.L.C and Union Supply Group, Inc.; however, these contracts expired in March 2018.

In the current Canteen and VP Vending services contracts, the current contractor has responsibility for several important program management activities, such as oversight of all administrative and management requirements and ensuring performance issues are corrected. The timely reporting of contract actions and statuses, contract deliverables, sales and other Department-relevant information is required and is the responsibility of the Vendor. The current contract also stipulates that the contractor will provide responses to any requests for information/records and resolution of any Canteen operation related grievances.

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3.4.1.3 Program Management Minimum Requirements

Program Management Requirements (PGM)

No. Requirement

PGM-001 The Vendor shall be responsible for all administrative functions and office support (e.g. clerical assistance, office supplies, copiers, fax machines, and preparation of documents) to effectively and efficiently operate their services and meet all contractual obligations.

The Vendor may utilize the existing telephone lines dedicated to the

Canteen(s) in accordance with the following:

a. Assumption of bill payment for associated telephone lines/service shall be effective upon the Contract start date.

b. Any costs associated with the transfer and operation of service shall be borne by the Vendor.

The Vendor may install additional telephone lines with off-site access, as needed; however, these devices will be prohibited from Inmate usage.

Telephone installation and service must be in accordance with the Institution’s security requirements. The Vendor shall be responsible for obtaining, maintaining, and paying costs for telephone services. All calls made to the Institution or received from the Institution will be on the Vendor’s telephone line(s).

PGM-002 The Vendor shall be responsible for providing and paying for the following items in quantities sufficient to ensure compliance with the service requirements of the Contract:

Office:

a. Office supplies; and

b. Office equipment.

Canteens:

a. Microwave(s) for each Canteen, as appropriate;

b. Bags for delivery (clear, see-through, and perforated);

c. Shrink wrap;

d. Microwaveable disposables;

e. Napkins;

f. Styrofoam cups;

g. Bowls;

h. Sporks;

i. Paper plates; and

j. Condiments (ketchup, mustard, mayo, and other approved single-serve condiments shall be provided at no charge for VP Canteens only).

The initial purchase of any of the above-referenced items must be approved in advance by the Department’s Contract Manager, or designee. Once approved, the same products may be purchased by the Vendor without additional review by the Department.

PGM-003 The Vendor shall provide an adequate level of staffing for the provision of the services outlined herein and shall ensure that staff providing services are highly trained and qualified. Additionally, the Vendor shall maintain a good

Page 17 of 96 FDC ITN-19-016 working relationship with the Department’s staff, and the community, if required, in support of the Contract.

PGM-004 The Vendor and their staff shall comply with Attachment IV, Security Requirements for Contractors and all Institutions’ security policies. Violations of these rules could result in termination of the Contract. The Vendor shall contact, within ten (10) calendar days of execution of the Contract, all Institutions, to obtain a copy of any specific institutional operational policies.

PGM-005 All Vendor and all subcontractor’s staff providing services under the Contract shall have the ability to understand and speak English, to allow for effective communication between the Vendor, Department, and all customers. The

Vendor shall NOT employ individuals possessing “temporary work visas” to provide services related to the Contract.

PGM-006 The Vendor shall maintain American Correctional Association (ACA) for Food

Service Program standards as related to Canteen operations at accredited

Institutions.

PGM-007 The Vendor shall establish and maintain a system to ensure any staff and subcontractors working on the Contract are knowledgeable of, and adhere to, all applicable statutes, rules, Department policies and procedures, manuals, and forms relating to Canteen, VP Vending, and Ancillary Services. Staff and subcontractors shall be trained by the designated Vendor’s staff person and given routine access to all policies and procedures that pertain to their job responsibilities.

PGM-008 Security procedures at all Correctional Institutions are stringent and necessary. This includes security screening when entering and exiting the

Institution, and may include a thorough inventory of tools and materials. The

Vendor shall provide the Institution’s staff with a tool inventory sheet upon arrival. No additional compensation will be made for time involved in adhering to security requirements.

PGM-009 Staffing Plans and Levels:

The Vendor shall develop and implement a Staffing Plan that identifies all positions and ensures compliance with the requirements outlined in this ITN.

The Staffing Plan should be updated periodically, but not less than every six

(6) months, and is expected to be flexible in response to mission changes over the course of the Contract.

PGM-010 One (1) week prior to the scheduled implementation date for each Institution, the Vendor shall provide a staffing roster to the Department’s Contract Manager, or designee, for the affected Institutions. The roster will include the name, position, and title for each of the Vendor’s staff at the Institution.

PGM-011 The Vendor shall provide the Department with an overview of its organization, specifically those staff assigned to the services included in this ITN, including an organizational chart, position descriptions for on-site staff, and other relevant organizational information.

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PGM-012 The Vendor shall provide the following minimum key administrative staff positions in support of the contract:

a. Chief Executive Officer (or equivalent title) - The Chief Executive Officer (CEO) is the highest-ranking officer in the Vendor’s company or organization.

b. Administrative Project Manager for Canteen Operations Services (or equivalent title) - The Administrative Project Manager is the individual who will have corporate responsibility for administration of the Contract. This individual should have a minimum of two (2) years’ experience, within the last five (5) years, of management-level experience, providing direct administrative oversight of a Canteen, Vending or experience of a similar nature.

PGM-013 Conduct and Safety Requirements:

When providing services to the Inmate population or in a correctional setting, the Vendor shall adhere to the standards of conduct prescribed in Chapter 33-208, F.A.C., and as prescribed in the Department’s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department.

In addition, the Vendor shall ensure its staff adhere to the following requirements:

a. The Vendor’s staff shall not display favoritism to, or preferential treatment of, one Inmate or group of Inmates over another;

b. The Vendor’s staff shall not interact with any Inmate, except as related to services provided under the Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an Inmate, an Inmate’s family, or close associate, no matter how trivial the gift or service may seem. The Vendor shall report to the Department’s Contract Manager, or designee, any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors, or services to Inmates, their family, or close associates;

c. The Vendor’s staff shall not enter any business relationship with Inmates or their families (example – loans, selling, buying, renting, leasing, or trading personal property), or personally employ them in any capacity;

d. The Vendor’s staff shall not have outside contact (other than incidental contact) with an Inmate or their family or close associates, except to complete those services that are to be rendered under the Contract;

e. The Vendor’s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Vendor or the State. In providing services pursuant to the Contract, the Vendor shall ensure that its employees avoid both misconduct and the appearance of misconduct;

f. At no time shall the Vendor’s staff, while delivering services under this Contract, wear clothing that resembles or could reasonably be mistaken for an Inmate’s uniform, any correctional officer’s uniform, or clothing that bears the logo or other identifying words or symbol(s) of any law enforcement or correctional department or agency;

g. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by telephone and in writing to the Department’s Contract Manager, or designee, including proposed action to be taken by the Vendor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties

Page 19 of 96 FDC ITN-19-016 shall subject the Vendor to appropriate action, up to and including termination of the Contract; and

h. The Vendor shall report any incident described above, or requiring investigation by the Vendor, in writing, to the Department’s Contract Manager, or designee, within 24 hours, of the Vendor’s knowledge of the incident.

PGM-014 Tuberculosis (Tb) Screening/Testing:

The Vendor shall ensure their staff (including subcontractor staff) performing services under the Contract are screened and/or tested for tuberculosis (Tb) prior to the start of service delivery, as appropriate, and screened/tested annually thereafter, as required by Department Procedure 401.015, Employee Tuberculosis Screening and Control Program. The Vendor shall provide the Institution’s Environmental Health Safety Officer with proof of testing prior to the start of service delivery, at each location, and annually thereafter. The Vendor shall be responsible for obtaining the Tb screening/testing and shall bear all costs associated with Tb screening/testing for its staff and any subcontractor staff.

PGM-015 Staff Background/Criminal Record Checks:

a. The Vendor shall obtain a Level II background screening, which includes fingerprinting to be submitted to the FBI, and results must be submitted to the Department’s Contract Manager, or designee, prior to any current or new staff being hired or assigned to work under the Contract. The Vendor shall bear all costs associated with this background screening.

b. No person who has been barred from any Department Institution shall provide services under the Contract.

c. The Vendor shall not permit any individual to provide services under the Contract who is under the supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the Vendor’s company that are independent of the Contract. The objective of this provision is to ensure that no employee of the Vendor, under any such legal constraint, has contact with or access to any records of Department Inmates who are sentenced to sites included for service under the Contract.

d. The Vendor shall disclose any business or personal relationship its staff person(s), officer(s), agent(s) or potential hire(s) may have with anyone presently incarcerated or under the supervision of the Department.

e. The Vendor shall immediately report any new arrest, criminal charges or convictions of a current employee under the Contract.

f. A criminal history does not automatically preclude the Vendor from hiring the proposed employee. However, the Department reserves the right to review the criminal history prior to a final hiring decision in such cases.

Generally, two (2) years with no criminal history is preferred. The Vendor shall make full written report to the Department’s Contract Manager, or designee, within three (3) calendar days whenever an employee has a criminal charge filed against them, an arrest, receives a notice to appear for violation of any criminal law involving a misdemeanor, or felony, or ordinance (except minor violations for which the fine or bond forfeiture is $200 or less), or when the Vendor’s staff has knowledge of any violation of the laws, rules, directives or procedures of the Department.

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PGM-016 On a quarterly basis, the Vendor shall provide a Staff Review Report to the Department’s Contract Manager, or designee. The Staff Review Report shall include:

a. A list of all staff requiring facility clearance;

b. All staff added and/or removed since the prior report; and

c. The title, start date, date of required trainings, credentials (if applicable) and the date of the successful background screening, for all current staff, and the last four (4) digits of the social security number and the month and day of birth for any staff who began working under the Contract since the last Staff Review Report was submitted.

PGM-017 The Vendor shall have a Canteen Manager on-site at each Institution during business hours (typically Monday - Friday; 8:00 a.m. – 5:00 p.m., E.T., excluding State-recognized holidays) to oversee contractual operations and respond to Canteen, VP Vending or Ancillary Services issues at assigned service locations. This employee must be able to make operational decisions on behalf of the Vendor. Upon implementation of service, the Vendor shall provide to each Institution’s Warden a list of the name(s) and all contact information for the assigned Canteen Manager and for any other person who may be contacted to make decisions regarding contractually-required services when the on-site employee is unavailable. The Institution’s Warden will establish the working hours for this position based on the hours the Institution’s warehouse is open.

PGM-018 The Vendor’s leadership team shall be required to maintain communication with the Department’s Contract Manager, or designee. Decisions related to security policies and procedures will be referred to the Office of Institutions by the Department’s Contract Manager, or designee. Issues related to menu items, invoicing, payment, and other contractual obligations will be addressed by the Department’s Contract Manager, or designee.

PGM-019 The Vendor shall develop an Implementation and Transition Plan to include a timeline listing of all major transition activities through full implementation, with responsible parties identified (including the current Contractors), and timelines through full implementation of required activities. To ensure successful completion, the Vendor shall:

a. Meet with the Department’s Contract Manager, or designee, within three (3) calendar days of the Contract’s execution date, to discuss the Vendor’s Final Transition Plan, and ensure an orderly and efficient transition;

b. Provide regular reports to the Department, not less than weekly, on the status of filling positions and the transition in general through implementation;

c. Submit their Final Implementation and Transition Plan to the Department’s Contract Manager, or designee, for approval within 15 calendar days of Contract execution.